Macguire v Grant & Wilson Property Management Ltd

Civil procedure – Decree of dismissal – Permission to appeal late. Sheriff Appeal Court: Granting a motion by a pursuer to be given permission to mark an appeal, although late, against a decree of dismissal, which the sheriff granted after the pursuer's action for personal injuries against the defender called as a peremptory diet and the pursuer was neither present nor represented at court, the court concluded that in principle the case fell within the exception to the general rule that appeal against an extracted interlocutor was incompetent, and that notwithstanding the extended period before the note of appeal and motion were lodged, the appellant's total lack of knowledge, as an unrepresented pursuer, of the peremptory diet, amounted to an excusable cause for her failure to make the appeal timeously.

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